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Vol 21 No 10 Oct/Nov 2016

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International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union


ISBN13: 9780198298540
ISBN: 0198298544
Published: January 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

In a time of controversy over the relevance and utility of industrial action, this book outlines the case for protection of a right to strike. It argues that such a right can be viewed as civil, political and socio-economic in nature, depending upon one's conception of 'good governance' and 'democratic participation' at the national level. This has consequences for what is perceived to be the appropriate scope of the right and the extent of any legitimate exceptions.

Critics of domestic labour legislation tend to appeal to international and European standards, chiefly those promulgated by the International Labour Organisation (ILO), the Council of Europe and the European Union (EU). All these organisations acknowledge the importance of a right to strike, but they differ in the manner in which the right is defined and protected. This book suggests that this is because each organisation adopts a distinctive view of the appropriate justificatory basis of this entitlement.

This work also addresses current enthusiasm for reforming the governance of international and European organisations which would bolster their legitimacy. It is suggested that, despite the entrenched structures and cultural norms of each institution, such a process of reform could lead to greater consistency of standards relating to the right to strike. A crucial question for workers, in the light of these developments, is whether there will be a 'levelling up' of rights or diminishing protection for those who organise or participate in industrial action. This book ends by considering the current responses of the ILO, the Council of Europe and the EU to these forces for change.

Subjects:
Employment Law
Contents:
1. Why Investigate Protection Of The Right To Strike?
2. Reasons For Legal Protection And Restriction Of Strikes
3. Inclusion Of The Right To Strike In International Instruments
4. The Ability Of Supervisory Bodies To Initiate Protection Of A Right To Strike
5. Jurisprudence Relating To The Scope Of The Right To Strike
6. Past Sources Of Divergence And Prospects For Future Developments

Series: Oxford Monographs on Labour Law

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The Personal Employment Contract ISBN 9780199298631
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Lucy VickersSenior Lecturer in Law, Oxford Brookes University
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Published November 2002
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Women and the Law
Sandra FredmanReader in Law, Exeter College, Oxford University
ISBN 9780198763239
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Women and the Law New ed ISBN 9780198763222
Published August 1998
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Just Wages for Women
Aileen McColganLecturer in Law, King's College, London
ISBN 9780198265887
Published September 1997
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The Right to Strike ISBN 9780198254393
Published July 1991
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